Accident Lawyer Accident Legal Knowledge 5

Question 1

During a deposition in an accident case, the injured plaintiff is questioned by whom?

Accepted Answer

The opposing attorney, under oath before a court reporter

Answer

Depositions are sworn out-of-court testimony taken by opposing counsel and recorded by a court reporter.

Question 2

A defective airbag fails to deploy, worsening a driver's injuries. Which claim targets the manufacturer regardless of its care in production?

Accepted Answer

Strict products liability

Answer

Strict products liability holds manufacturers liable for defective products without proving negligence.

Question 3

What does 'loss of consortium' compensate in an accident case?

Accepted Answer

A spouse's loss of companionship and support due to the victim's injuries

Answer

Loss of consortium is a derivative claim by a spouse for lost companionship, affection, and services.

Question 4

An insurer unreasonably refuses to settle a clear-liability claim within policy limits, and a verdict exceeds those limits. What claim may arise?

Accepted Answer

Bad faith claim against the insurer

Answer

An insurer's unreasonable refusal to settle within limits can expose it to bad faith liability for the excess verdict.

Question 5

Which evidence rule generally prevents using a defendant's post-accident repairs to prove negligence?

Accepted Answer

The subsequent remedial measures rule

Answer

Evidence of subsequent remedial measures is inadmissible to prove negligence, to encourage safety fixes.

Accident Lawyer Practice Test